International Trade

  • May 03, 2024

    3rd Circ. Clarifies Review Standard For Derivative Suits

    In a precedential ruling Friday declining to revive Cognizant Technology investors' derivative claims over a bribery scandal, the full Third Circuit held that the best way to review such cases on appeal was from the beginning, not giving deference to the lower court's decision or considering whether there was an abuse of discretion.

  • May 03, 2024

    EU OKs Nippon-US Steel Deal As DOJ Causes Delayed Close

    The European Commission on Friday indicated via an annotation on its merger review page that it has given Nippon Steel's controversial $14.9 billion acquisition of U.S. Steel its unconditional approval, a move that comes just a day after the parties announced the deal would be delayed due to further scrutiny from the U.S. Department of Justice.

  • May 03, 2024

    DC Circ. Backs Feds' Puerto Rico Port Expansion Project

    The D.C. Circuit on Friday upheld the federal government's plans to broaden shipping lanes at Puerto Rico's largest port, rejecting arguments from a trio of environmental groups who accused the U.S. Army Corps of Engineers of failing to take the requisite hard look at the dredging project's environmental risks.

  • May 03, 2024

    Menendez Says Feds' Talk Of Psychiatrist Invaded Privacy

    U.S. Sen. Bob Menendez says prosecutors in his corruption case violated a New York federal court order and may have tainted the jury pool by allegedly revealing his sensitive private health information in a publicly filed motion opposing the New Jersey politician's request to introduce expert testimony by a psychiatrist.

  • May 03, 2024

    US Trade Position Seen Contradicting Stance In Pillar 1 Talks

    The U.S. trade representative's withdrawal of support for digital trade proposals has caused tax policy observers to worry that the U.S. position on trade is undermining that of U.S. Treasury Department officials negotiating a taxing rights overhaul at the OECD known as Pillar One.

  • May 03, 2024

    Final EV Tax Credit Regs Add New Battery Tracing Test

    The U.S. Treasury Department unveiled final regulations Friday for the up to $7,500 electric vehicle tax credit that include a more detailed process for automakers to trace the battery supply chain to qualify for the credit's domestic content requirements.

  • May 02, 2024

    DOJ Wants More Info On Controversial US Steel-Nippon Deal

    U.S. Steel revealed Thursday it has received a second request for information from the U.S. Department of Justice about its controversial plan to be sold to Japan's Nippon Steel Corp., but it said the deal is on track to be completed in the second half of this year. 

  • May 02, 2024

    Gov't Proposes Buy Ban Rule For Certain Semiconductors

    The Federal Acquisition Regulatory Council said Thursday it is planning to implement a ban on federal purchases of semiconductor products from U.S. adversaries, asking for feedback from contractors on how prescriptive the pending rule should be.

  • May 02, 2024

    Chiquita Paid Militants To Save Lives, Ex-Ops Chief Testifies

    Chiquita's former head of Colombia operations testified in Florida federal court Thursday on payments he approved to militant groups in the country during a period of intense warfare in the 1990s, saying his company was left with little choice but to make the payments because workers' "lives were at stake."

  • May 02, 2024

    New EU, Japan Initiative Looks To Boost Global Supply Chains

    Japan and the European Union on Thursday announced a new initiative aimed at alleviating the economic dependence countries may have on others for certain goods by boosting global supply chains through transparency and coordination with like-minded countries.

  • May 02, 2024

    Dem Sens. Urge Biden To Keep Or Hike China Steel Tariffs

    A coalition of Democratic U.S. senators has urged the Biden administration to keep or raise tariffs on Chinese steel, saying China has been manipulating steel prices and lowering the tariffs would be harmful to the U.S. industry.

  • May 02, 2024

    Cisco Counterfeiting Scheme Earns Fla. Man 6½ Years

    A Florida resident was sentenced to 6½ years in prison after pleading guilty to running what New Jersey federal prosecutors said was an "enormous" scheme to sell over $1 billion worth of counterfeit and broken Cisco networking devices.

  • May 02, 2024

    Trade Court OKs Raising Duties On Thai Propane Canisters

    The U.S. Court of International Trade upheld a price adjustment that increased anti-dumping duties on Thai propane canisters, ruling Thursday that the U.S. Department of Commerce reasonably adjusted the company's sales expenses to adjust a pricing distortion.

  • May 02, 2024

    HMRC Asked To Investigate Firm On Dodging Sanctions

    HM Revenue & Customs should investigate a German-owned garage door manufacturer for violating sanctions by importing products from Belarus into the U.K., but instead authorities brushed off the case and now the company might receive a license, a U.K. lawmaker said.

  • May 02, 2024

    Feds Try To Bar Psychiatrist's Testimony From Menendez Trial

    Prosecutors have urged a Manhattan federal judge to bar U.S. Sen. Bob Menendez from introducing expert testimony at his upcoming bribery trial that he lived frugally and that his family's escape from an autocratic Cuban regime led him to develop a "fear of scarcity" and store large amounts of cash at home.

  • May 02, 2024

    Sullivan & Cromwell Creates National Security Practice Group

    Sullivan & Cromwell LLP has launched a national security practice to help clients with matters stemming from the increased use of economic sanctions, anti-money laundering laws, the Foreign Corrupt Practices Act, foreign investment regulations, export controls and import restrictions, the firm said Thursday.

  • May 01, 2024

    NY Man Cops To Shipping Military Drone Tech To Russia

    Federal prosecutors announced Tuesday that a New York man has pled guilty in federal court for his role in a scheme to ship electronic components that can be used in military drones from the United States to companies connected to the Russian military.

  • May 01, 2024

    5th Circ. Nixes Use Of US Law In Maritime Malaria Dispute

    The Fifth Circuit on Wednesday overturned an order permitting an Indian man to invoke U.S. law in his lawsuit accusing a Singaporean ship management company of negligence after he contracted malaria during a trip to Gabon while working aboard a Liberian-flagged cargo ship.

  • May 01, 2024

    Forex Fraudsters Hid Losses From Investors, Jury Hears

    Federal prosecutors told a Colorado jury Wednesday that two men helping run a foreign exchange investment company sold investors on a supposedly successful trading algorithm that ended up being nothing more than a multimillion-dollar fraud.

  • May 01, 2024

    Bipartisan Reps. Introduce Bill To Trace Battery Supply Chains

    Environmental advocacy groups including the Sierra Club, Earthworks and SAFE have thrown their support behind a new bill to promote traceability in battery supply chains, a measure aimed at weeding bad labor and environmental practices out of the supply chain.

  • May 01, 2024

    Biden Admin Sanctions Cos. Helping Russia Evade Curbs

    The Biden administration on Wednesday set financial and visa restrictions on nearly 300 individuals and businesses abroad, including those suspected to be helping Russia evade existing sanctions and obtain critical defense materials.

  • May 01, 2024

    Chinese Wood Exporter Calls To Axe Penalty Duties

    A Chinese plywood producer urged the U.S. Court of International Trade on Wednesday to nix penalty duties the U.S. Department of Commerce assigned it based on purported omissions during questioning, arguing that the "missing" information was irrelevant.

  • May 01, 2024

    Tribe Fires Back At Feds' Brief In Enbridge Pipeline Row

    The Bad River Band of the Lake Superior Tribe of Chippewa Indians has called on the Seventh Circuit to reject in part the federal government's position in an appeal over the future of Enbridge Energy's controversial Line 5 oil pipeline.

  • April 30, 2024

    Tech. Orgs Deny Being 'Apple's Puppets' In Watch Ban Fight

    A group of technology industry groups claimed they are "not Apple's puppets" as they seek to back the company in its Federal Circuit appeal of the U.S. International Trade Commission's ban on imports of Apple Watch models capable of monitoring blood oxygen levels.

  • April 30, 2024

    Chiquita Capitalized On Colombian War, Victims' Families Say

    Attorneys representing the families of 10 men killed during Colombia's civil war told a Florida federal jury Tuesday that the Chiquita banana company is liable for their deaths, saying it knowingly funded a right-wing narcoterrorist group that committed atrocities against its workers as the fruit corporation expanded its business.

Expert Analysis

  • Practical Steps For Navigating New Sanctions On Russia

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    After the latest round of U.S. sanctions against Russia – the largest to date since the Ukraine war began – companies will need to continue to strengthen due diligence and compliance measures to navigate the related complexities, say James Min and Chelsea Ellis at Rimon.

  • Assessing Chinese Cross-Border Data Transfers

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    Jet Deng and Ken Dai at Dacheng unpack the regulatory framework for cross-border data transfers in China, detailing the major systems at play, last year's policy adjustments, and an outlook and practice tips for businesses.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • Opinion

    OFAC Should Loosen Restrictions On Arbitration Services

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    The Office of Foreign Assets Control regulations should be amended so that U.S. persons can provide arbitration services to sanctioned parties — this would help align OFAC policy with broader U.S. arbitration policy, promote efficiency, and effectively address related geopolitical and regulatory challenges, says Javier Coronado Diaz at Diaz Reus.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Unpacking The New Russia Sanctions And Export Controls

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    Although geographically broad new prohibitions the U.S., U.K. and EU issued last week are somewhat underwhelming in their efforts to target third-country facilitators of Russia sanctions evasion, companies with exposure to noncompliant jurisdictions should pay close attention to their potential impacts, say attorneys at Shearman.

  • Args In APA Case Amplify Justices' Focus On Agency Power

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    In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.

  • Steps For Companies New To Sanctions Compliance

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    Businesses newly required to implement compliance programs due to the increased breadth of mandatory sanctions and export controls, including 500 additional Russia sanctions announced last Friday, should closely follow the guidance issued by the Office of Foreign Assets Control and other regulators, say Jennifer Schubert and Megan Church at MoloLamken.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • A Look Ahead For The Electric Vehicle Charging Industry

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    This will likely be an eventful year for the electric vehicle market as government efforts to accelerate their adoption inevitably clash with backlash from supporters of the petroleum industry, say Rue Phillips at SkillFusion and Enid Joffe at Green Paradigm Consulting.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Mitigating The Risk Of Post-Closing M&A Earnout Disputes

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    Today's uncertain deal environment makes a well-crafted earnout an excellent way for parties to accomplish a desired transaction that would not otherwise occur, but transacting parties also need to take key steps to avoid the risk of post-closing disputes that earnouts can present, say Chad Barton and Claire Lydiard at Holland & Knight.

  • Preparing For DOJ's Data Analytics Push In FCPA Cases

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    After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.

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